A case of perjury under CrPC 340 where even though some witnesses had given contradictory statements in civil and criminal cases between same parties, a perjury case under CrPC 340 was not allowed by high court, due mainly to technicalities about applicability of CrPC 340 to facts of the case. You can read the important points made bold in the full judgment below: CRM No.23818-M of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.23818-M of 2009 Date of Decision: 4.09.2009 Smt.Sanjay Lata & Anr. …Petitioners Vs. The State of Haryana & Anr. ..Respondents Coram: …[Continue Reading]

To a common doubt of husbands if both family court/civil and 498a/criminal cases filed by wife can go on together, this Delhi HC judgment clarifies as a yes. The below Delhi HC judgment says that there is no standard rule that a civil case should be stayed before a criminal case is finished on same grounds. It refers to several other judgments including Supreme Court’s and basically the matter has to be decided on case by case basis. The main idea of having criminal case finish faster is to let justice be done before the witnesses forget about the crime. …[Continue Reading]

This Punjab and Haryana High court judgment says that if an application under CrPC 340 is moved (for filing false affidavit in this case), then the court must undertake the procedure for CrPC 340 in disposing that application. It was not correct on part of trial court to refer cursorily to the mentioned fact of false affidavit in judgment, and thus dismissing the CrPC 340 application by being silent on the issue. So the takeaway for people facing false 498a and maintenance cases is to go for perjury application under CrPC 340 if you have good evidence like false affidavit, …[Continue Reading]

A mutual consent divorce agreement was done wherein some amount was paid by husband per month to wife and child, but the amount was increased later by order of family court under CrPC 127 (which deals with alteration of maintenance granted under CrPC 125), and upheld by high court in this Allahabad High judgment. The main reason was rise in cost of living, and also increased earnings of the husband so that the increased amount was not too much of a burden on him. Full judgment follows with important points in bold: ——————————————————————————————— *Court* : HIGH COURT OF JUDICATURE AT …[Continue Reading]

The basic learning from this judgment seems to be that wife’s property, income sources must be considered in CrPC 125. Also, the order of maintenance if made to pay from date of application, need not record the reasons for doing so. In general it is payable from date of order. The full text of judgment is below. The important portions are made bold so you can read them for a quick understanding of the main points. —————————————————————————————- *Court* : Supreme Court of India *Brief* : : Section 125 Cr.P.C. Quantum of maintenance *Citation : *CIVIL APPEAL NO. 4666 OF 2008 …[Continue Reading]

Usually PWDVA/DV Act cases are taken on face value and interim maintenance against husbands is awarded. However following judgment shows dismissal of DV Act complaint based on no prima-facie evidence. A rare occurence, but nothing is impossible if you fight well. Full text follows with important points in bold: IN THE COURT OF DR. SHAHABUDDIN : MM : ROHINI : DELHI Application No.1192/1 PS Sultan Puri U/s 12 of Domestic ORDER Violence Act, 2005 Sonia versus Vinod etc. 15.09.2007 ( At 3.00 p.m.) 1. Applicant Sonia is present in person at this time. All the respondents are present in person …[Continue Reading]

This Allahabad High judgment disallowed discharge of accused under CrPC 239 on grounds of sufficient evidence against the accused in the case diary. Many husbands facing false 498a think of applying for discharge using CrPC 239 route so they should weigh their 498a case strategy using the following point from judgment as a guideline. At the stage of framing charge the criteria for consideration is whether the unrebutted evidence of the prosecution can result into conviction of the accused. If the answer is in affirmative, the accused is to be charged, and if the answer is in negative, the accused …[Continue Reading]

Reproducing from post by a SIFF member: The women Cell procedure goes like as follows :- 1. Go there without fear and ask them the copy of the complaint, give it in writing. They will ask you to give something in writing. In your statement mention that you may kindly be given the copy of complaint so that you can properly give your submission. Never admit any allegation of wife. Ask IO to give receipt of your statement if refuses show him the RTI in which they accepted that they give receiving of statement if someone asks. If he refuses …[Continue Reading]

The guide to child custody for men has to be evolved from practical and real-life cases of child custody. There are few judgments and references available unlike lot of material on maintenance, marriage etc. Update March 15, 2016: this post was written many years back and many points are still relevant, like courts do not usually disturb de-facto custody of child. So if child is with you, then it is very important to retain physical custody of child till you get legal guardian status. As of 2016, based on changing views of law making bureaucrats and some of judiciary about best interests of the children of …[Continue Reading]

In this case from West Bengal, wife was denied maintenance under CrPC 125 since she had good income earlier and could not give any reasons why she was unable to maintain herself now. Maintenance was denied and court also mentioned the principle of “clean hands” with which party seeking relief has to approach the court. PDF of judgment at link below: rajesh-motwani-maintenance-denied-crpc-125 Main excerpt from judgment is given below: It is a settled principle of law that a party seeking relief must come before the court in clean hands. The petnr could have stated that she earlier had the source …[Continue Reading]